Prenups: The new way out for Indian Couples

Authors

  • Rishabh Sethi 3rd Year BBA LLB Student, Symbiosis Law School, Hyderabad Author
  • Anita Thomas * 3rd Year BBA LLB Student, Symbiosis Law School, Hyderabad Author

Keywords:

prenups, legality, premarital contract

Abstract

Marriage in India, a religious bond between the husband and the wife is, is what the people considered it to be. In ancient India, though husbands dominated their wives did not really opt for taking a divorce due to social pressure but the situation has drastically changed. Divorce used reflected as a taboo. The number of divorce has increased due to various reasons and we can see the complications that occur during the due course of divorce. One can quality the change to the growing number of divorces in the country. What makes it unique in our country, however, is the fact that couples forego their rights to the traditional Hindu laws in order to make sure their individual finances are safe. Prenuptial Agreements can be a good tool to tackle the difficulties faced, as it would be an agreement agreed by both the parties having a legal sanction. At present, none of the special legislation recognizes a prenuptial agreement. Indian laws do not look. At marriage as an agreement. At the point when two individuals wed in India nobody anticipates a separation. Furthermore, this is the reason nobody even considers a premarital contract. In addition, it is considered as being against the public policy and law cannot recognize anything against public policy.

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Published

22-12-2018

How to Cite

Prenups: The new way out for Indian Couples. (2018). Asian Law & Public Policy Review, 3, 151-164. https://journal.thelawbrigade.com/alppr/article/view/22